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| Bylaws & Policies |
5517.01 - BULLYING AND OTHER FORMS OF AGGRESSIVE BEHAVIOR
The Board of Education is committed to providing a safe, positive, productive, and nurturing educational environment for all of its students. The Board encourages the promotion of positive interpersonal relations between members of the school community.
This policy has been developed in consultation with parents, school employees, school volunteers, students, and community members as prescribed in R.C. 3313.666.
Prohibited Conduct
Harassment, intimidation, or bullying toward a student on school property or at school-sponsored events, whether by other students, staff, or third parties, is strictly prohibited and will not be tolerated.
Definitions
"Harassment, intimidation, or bullying" means any intentional written, verbal, graphic, or physical act that a student or group of students exhibits toward another particular student more than once, which behavior both causes mental or physical harm to the other student, and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment for the other student.
"School-sponsored events" include activities conducted on or off school property (including school buses and other school-related vehicles) that are sponsored, recognized or authorized by the Board of Education including field trips and athletic events.
Examples of conduct that could constitute prohibited behaviors include: physical violence or attacks; threats, taunts and intimidation through words and/or gestures; extortion, damage or stealing of money and/or possessions; and repetitive and hostile behavior with the intent to harm others through the use of information and communication technologies and other Web-based or online sites (cyber-bullying). "Cyber-bullying" includes posting slurs on Web sites where students congregate or on Web logs (personal online journals or diaries); sending abusive or threatening messages; using camera phones to take embarrassing photographs of students and posting them online; and using Web sites to circulate gossip and rumors to other students.
Complaints
Any student or student's parent or guardian who believes the student has been or is the victim of harassment, intimidation, or bullying prohibited by this policy should immediately report the situation to the building principal or assistant principal or to the Superintendent. Such reports shall be reasonably specific including person(s) involved, number of times and places of the alleged conduct, the target of suspected harassment, intimidation, and/or bullying, and the names of any potential student or staff witnesses. The student may also report such alleged behavior to teachers and other school staff who will promptly notify the appropriate administrator or Board official. Complaints against the building principal should be filed with the Superintendent. Complaints against the Superintendent should be filed with the Board President.
All students and staff are encouraged to report any situation they believe to be harassment, intimidation, or bullying, regardless of whether it fits a particular definition, and allow the administration to determine the appropriate course of action.
Investigation, Remedial Action and Notification
All complaints about behavior that may violate this policy shall be promptly investigated. The building principal or appropriate administrator shall prepare a written report of the investigation upon completion. Such report shall include findings of fact, a determination of whether acts of harassment, intimidation, and/or bullying were verified, and, when prohibited acts are verified, a recommendation for intervention, including disciplinary action. Where appropriate, written witness statements shall be attached to the report.
If the investigation finds harassment, intimidation, and/or bullying in violation of this policy has occurred, the District will take prompt and appropriate remedial and/or disciplinary action. This may include up to expulsion for students, up to discharge for employees, exclusion for parents, guests, volunteers, and contractors, and removal from any official position and/or a request to resign for Board members. In appropriate circumstances, District representatives may also contact law enforcement officials. Allegations of criminal misconduct and suspected child abuse will be reported to the appropriate law enforcement agency and/or to Child Protective Services in accordance with statute. District personnel shall cooperate with investigations by such agencies.
This policy shall not be interpreted to infringe upon students' rights under the First Amendment to the U.S. Constitution (i.e., the right to participate in a reasoned and civil exchange of opinions or debate at appropriate times and places).
The building principal or appropriate administrator shall notify the complainant of the investigation findings and, as appropriate, that remedial action has been taken. If the investigation reveals conduct in violation of this policy, the building principal or appropriate administrator shall notify the victim's parent or guardian of that finding, taking care to respect the statutory privacy rights of the perpetrator.
If the investigation reveals conduct in violation of this policy, the building principal or appropriate administrator shall notify the perpetrator's parent or guardian of that finding in writing. If disciplinary consequences are imposed, a description of such discipline shall be included in the notification.
Retaliation and False Reports
Retaliation against any person who reports, is thought to have reported, files a complaint, or otherwise participates in an investigation or inquiry concerning allegations of harassment, intimidation, or bullying is prohibited and will not be tolerated. Such retaliation shall be considered a serious violation of Board policy, independent of whether a complaint is substantiated. Suspected retaliation should be reported in the same manner as harassment, intimidation, or bullying.
Making intentionally false reports about harassment, intimidation, or bullying for the purpose of getting someone in trouble is similarly prohibited and will not be tolerated. Retaliation and intentionally false reports may result in disciplinary action as indicated above.
Informal and Anonymous Complaints
Students, parents or guardians, and school personnel may make informal complaints of conduct they consider to be harassment, intimidation and/or bullying by verbal report to a teacher, school administrator, or other school personnel. Such informal complaints shall be reasonably specific, including person(s) involved, number of times and places of the alleged conduct, the target of the suspected harassment, intimidation and/or bullying, and the names of any potential student or staff witnesses. A school staff member or administrator who receives an informal complaint shall promptly document the complaint in writing, including the information provided. This written report shall be promptly forwarded by the school staff member and/or administrator to the building principal for review, investigation, and appropriate action.
Students who make informal complaints as provided above may request that their name be maintained in confidence by the school staff member(s) and administrator(s) who receive the complaint. Anonymous complaints shall be reviewed and reasonable action shall be taken to address the situation, to the extent such action may be taken that (1) does not disclose the source of the complaint, and (2) is consistent with the due process rights of the student(s) alleged to have committed acts of harassment, intimidation, and/or bullying.
When a student making an informal complaint has requested anonymity, the investigation of such complaint shall be limited as appropriate in view of the anonymity of the complaint. Such limitation of investigation may include restricting action to a simple review of the complaint subject to receipt of further information and/or the withdrawal by the complaining student of the condition that his/her report be anonymous.
Privacy/Confidentiality
The School District will respect as much as possible, the privacy of the complainant, the individual(s) against who the complaint is filed, and the witnesses consistent with the Board’s legal obligation to investigate, take appropriate action, and comply with any discovery or disclosure obligations. All records generated under this policy shall be maintained as confidential to the extent permitted by law.
Posting Requirement
At least semi-annually, the Superintendent shall provide to the President of the Board a written summary of all reported incidents and post the summary on the District web site. The summary shall be limited to the number of verified acts of harassment, intimidation and/or bullying, whether in the classroom, on school property, to and from school, or at school-sponsored events.
Immunity
A School District employee, student, or volunteer shall be individually immune from liability in a civil action for damages arising from reporting an incident in accordance with this policy and R.C. 3313.666 if that person reports an incident of harassment, intimidation, and/or bullying promptly, in good faith, and in compliance with the procedures specified in this policy. Such immunity from liability shall not apply to an employee, student, or volunteer determined to have made an intentionally false report about harassment, intimidation, and/or bullying.
Notification
Notice of this policy will be
annually circulated to and posted in conspicuous locations in all school buildings and departments within the District and discussed with students, as well as incorporated into the teacher, student, and parent/guardian handbooks. All new hires will be required to review and sign an acknowledgment of their review of this policy.Education and Training
In support of this policy, the Board promotes preventative educational measures to create greater awareness of aggressive behavior, including bullying. To the extent that State or Federal funds are appropriated for these purposes, the District shall provide training, workshops, and/or courses on this policy for school employees and volunteers who have direct contact with students. Time spent by school staff in these training programs shall apply toward mandated continuing education requirements.
R.C. 3313.666, 3313.667
State Board of Education Model Policy (2007)
Adopted 1/26/04
Revised 2/11/08